Kenneth M. Moltner


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Kenneth M. Moltner
Kenneth M. Moltner

“My goal is to not only reach a cost effective and successful resolution for my clients, but also to counsel each of my clients appropriately through what is often an unknown and challenging process to them.” 

Ken Moltner serves as Counsel primarily on Bressler’s Trusts & Estates team.  His experience spans all phases of litigation and dispute resolution.  Substantively, he has over a  decade of trust and estate’s litigation experience, including in elective share proceedings, proceedings to compel a trustee to satisfy her fiduciary obligations, proceedings to discover property allegedly withheld, and disputes concerning trust interpretation and implementation of its terms.  This experience  is complemented by thirty years of commercial litigation experience during which Ken has also proven highly successful in resolving claims pertaining to LLCs, Business Improvement Districts, corporate and partnership disputes, as well as contract interpretation cases.  

Ken brings to bear on his matters his extensive legal and broad community experience that enables him to provide particular judgment and perspective to his cases. He has also counseled clients on how to prevent litigation through well designed contracts and agreements, often resulting in the mitigation of potential claims before the issue can even arise.

A charismatic speaker and effective educator, Ken has been an Adjunct Professor of New York Civil Practice at New York Law School, and has presented Continuing Legal Education lectures at the New York City Bar Association and the New York County Lawyers Association, where he has lectured on New York State Practice and Electronic Discovery, and he has been a Faculty Member and Presenter at Deposition Skills Workshops.

Prior to joining Bressler, Ken served as an Associate for the firm formerly known as LeBoeuf, Lamb, Greene & MacRae after practicing at Shea & Gould.

Ken enjoys spending time with his family, writing (he recently co-authored a book) and swimming.

A selection of Ken's representative works includes:

  • Advises New York and New Jersey colleagues on CPLR and matters of New York practice, strategy and procedure
  • Represents an individual in a high profile elective share dispute
  • Instituted an Article 78 proceeding to vacate a state agency's determination on Federal Arbitration Act grounds
  • Represented the guardian of property in multi-faceted litigation
  • Represented a prominent real estate property owner in a dispute over the interpretation of a lease provision
  • Represented a major corporation (tenant of a ground lease) in a mortgage foreclosure action, and negotiated and drafted an agreement to avoid disturbance of the company’s sub-lease
  • Represented shareholders of closed corporations in commercial disputes

Ken’s published decisions include:

  • George v. IBC Sales Corp., 76 A.D.3d 950 (2010)
  • Matter of Berk, 71 A.D.3d 883 (2010
  • In re Rebecca P, 24 Misc.3rd 1222(A) (2009)
  • In the Matter of the Application of Hua Wang, 20 Misc.3d 691 (2008)
  • Wald v. Wald, 44 AD3d 848 (2007)
  • NC Venture v. Complete Analysis, Inc., 22 AD3d 544 (2005)
  • Jefferson v. Jefferson, 21 AD3d 879 (2005)
  • Behrens v. Metropolitan Opera Ass'n, Inc., 18 AD3d 47 (2005)
  • Galesi v. Galesi, 12 Misc.3d 1186(A) (2005)
  • Greenfield v. Tassinari, 8AD3d 529 (2004)
  • FDIC v. Robin Construction, 2 AD3d 395 (2003)
  • City of New York v. PA Building Co., 284 AD2d 225 (2001)
  • In re Estate of Margolin, 259 AD2d 396 (1999)
  • Brooklyn Navy Yard Cogeneration Partners, L.P. v. PMNC, 254 AD2d 447 (1998)
  • Archie v. Grand Central Partnership, 997 F.Supp. 504 (SDNY 1998)
  • Seminerio Associates v. Brownstone Solutions, 165 Misc.2d 646 (1995)
  • Tully v. Tully, 173 AD2d 608 (1991)